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Home My WebLink AboutS-1354 ApplicationThis instrument prepared by: HAL JOSEPH KEMP, P.A. Kemp, Duckett, Curry & Arnold Attorneys at Law l l l Center Street, Suite 1300 Little Rock, Arkansas 72201 Phone - (501) 372-7243 2002181090 09/27/2002 02:22:22 PM Filed & Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $32.00 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Weingarten Nostat, Inc., a Texas corporation, formerly known as Weingarten/Arkansas, Inc. and hereinafter referred to as the "Allottor", is the owner of the land situate in the County of Pulaski, State of Arkansas, more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference; and, lots. AND WHEREAS, it is desirable that all of the above described property be platted into NOW THEREFORE, WITNESSETH: That the said Allottor, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused said tract of land hereinabove described to be surveyed and a plat (hereinafter referred to as the "Plat") made thereof by Paul M. White, a Professional Land Surveyor, License Number 1281, and Timothy E. Daters, a Professional Engineer, License Number 5033, said plat bearing the signature of the said Surveyor and Engineer and being of record in the office of the Circuit Clerk and Ex-Officio Recorder of Pulaski County, Arkansas, in Plat C— U 9D and the Allottor does hereby make this Bill of Assurance. IN FURTHERANCE THEREOF, Allottor warrants and represents that it has laid off, replatted and subdivided, and does hereby lay off, replat and subdivide the lands herein described, in accordance with the aforesaid plat. The lands embraced in said plat shall be forever known as: Lots A and B, Broadway Plaza Addition to the City of Little Rock, Pulaski County, Arkansas; .` �••�E C I R�' CIfs`'. • and any and every deed of conveyance of any lot in said Subdivision describ9i h� lot and block number shown on said Plat shall always be deemed a sufficient in bpr66 y _ .. . • LALega1\Nm Developr t\arkarnsas\broadway-pad\closing\bill of assurance doc + 48 ` •ti,,,,.�, g�4;.� M+ o ��«eob or,ia Bill of Assurance There is a strip of ground shown and dimensioned on said Plat marked " Drainage Easement", which Allottor hereby reserves for drainage purposes. Iron pins have been set on all lot corners and points of curve, and all lot dimensions shown on curves are chord distances, and all curve data as shown on the Plat are centerline curve data. In the event of minor discrepancies between the dimensions or distances as shown on the Plat and the actual dimensions or distances as disclosed by the established pins, the pins as set shall control. All persons, natural and artificial, who are or become owners of the lots platted hereby, shall take their titles subject to the rights of public utilities and the public in the street rights -of - way and subject to the drainage easements shown on the Plat. The lots shown on the Plat and described herein shall be owned, sold or conveyed by the Allottor and shall be purchased, acquired, owned, possessed, held and occupied subject to the covenants, restrictions and provisions set forth above and as follows, each of which and all of which shall be covenants running with the said lands above described, and shall be binding upon all owners and their respective heirs, successors and assigns, in order to maintain the lands above described as desirable, uniform and suitable for development, to -wit: ARTICLE I LAND USE The real property herein platted shall be held, owned and used only in conformity with the land use planning and zoning ordinances applicable to said real property. ARTICLE II RIGHT TO ENFORCE The restrictions, covenants and provisions herein set forth shall run with the lots platted hereby and shall bind the present owner, their heirs, successors and assigns and any person, natural or artificial, hereinafter owning any of the lots platted hereby. Allottor and any owner of a lot platted hereby shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of, the restrictions above set forth, in addition to any ordinary legal action for damages. The failure of Allottor or any lot owner to enforce any of the restrictions hereby set forth at the time of its violation, shall, in no event, be deemed to be a waiver of the right to do so thereafter. LM\ gaMcw Devclopmcnt\wkansas\broadway-pad closing\bill ofassuma doc Page 2 Bill of Assurance ARTICLE III MODIFICATION OF RESTRICTIONS Notwithstanding any provision, restriction or covenant herein contained to the contrary, so long as Allottor is the owner of any Lot platted hereby, then any and all of the covenants, provisions and restrictions set forth herein may be amended, modified, extended, changed or canceled, in whole or in part, by a written instrument signed and acknowledged solely by the Allottor. Even after the Allottor is no longer the owner of the lot platted hereby, no amendment, modification, extension, change or cancellation of the provisions hereof shall be or become effective and enforceable without the prior written approval and consent of the Allottor, such approval to be in the sole discretion of the Allottor. The provisions of any such instrument so executed shall be binding from and after the date it is duly filed for record in Pulaski County, Arkansas. Each covenant, restriction and provision in this Bill of Assurance, unless expressly provided otherwise, shall remain in full force and effect until January 1, 2025. ARTICLE IV EXTENSION All covenants for which extension is not otherwise provided in this instrument shall automatically be extended for successive periods of ten (10) years each, unless modified, terminated or canceled as provided herein. ARTICLE V SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in full force and effect. EXECUTED this _ 2lo`4^ day of Lka�— , 2002. Reviewed only for inclusion of minhum standard., wquirev by the Uy of LiWo Rock euhdivislcn reg�lalio"� Bill of Assumnw r ovisio^s ostablishcd be developer may exceed minimum m-Matte^: of lhci Little Rock subdivision and zoninro ordinances. City of Litlle ock Planning Commission Weingarten N Corporation By: >� Name: Title: Tine n Tpvnc q 4 LVL galWew Developm nt\arkansa\broadway-pad\closing\billofassura mdoc Page 3 Bill of Assurance ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF HARRIS § BE IT REMEMBERED that on this day appeared before the undersigned, a Notary Public duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in person the within named " to me personally well known or satsifactorily proven, who stated that he/she is the Cl-c%�\'r Mg r4 of Weingarten Nostat, Inc., a Texas corporation, and was duly authorized in his/her corporate capacity to execute the foregoing instrument for and in the name and behalf of the said corporation, and further stated and acknowledged that he/she had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this a(o 4-1�— day of 2002. c ja SHARON P. MORK Notary Public in and for the State o Texas am ..., e s x?' i Norary- Public, Stare of Texas My Commission Expires May 03, 2004 LALega1\Nm Dcvelop=nt\arkarnsas\broadway-pad\closing\bill of mwanm.. doc Page 4 EXHIBIT A Doc# 2002181090 A TRACT OF LAND LYING WITHIN THE BOUNDARIES OF WEST 24TH STREET; BROADWAY STREET, SPRING STREET AND WEST ROOSEVELT ROAD AND BEING A PART OF BLOCK 3 OF E. W. GIBBS ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, AND A PART OF BLOCK 26, FULTON'S SOUTH ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID BLOCK 26, FULTON'S SOUTH ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, WHICH POINT IS ALSO THE INTERSECTION OF THE SOUTH RIGHT—OF—WAY LINE OF WEST 24TH STREET AND THE WEST RIGHT—OF—WAY LINE OF SPRING STREET, IN LITTLE ROCK, PULASKI COUNTY, ARKANSAS; THENCE SO3'08'42"W ALONG THE WEST LINE OF SPRING STREET 355.31 FT. TO THE POINT OF CURVATURE; THENCE ALONG THE ARC OF A 25.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF S47'52'21"W, 34.92 FT. TO THE NORTH RIGHT—OF—WAY LINE OF WEST ROOSEVELT ROAD; THENCE N8724'16"W ALONG SAID WEST ROOSEVELT ROAD 114.80 FT.; THENCE CONTINUE ALONG SAID WEST ROOSEVELT ROAD N87'50'17"W, 210.20 FT. TO THE POINT OF CURVATURE; THENCE ALONG THE ARC OF A 35.00 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF N42'28'04"W, 49.82 FT. TO THE EAST RIGHT—OF—WAY LINE OF BROADWAY STREET; THENCE NO2'53'42" E, 343.80 FT. ALONG THE EAST RIGHT—OF—WAY LINE OF BROADWAY STREET TO THE SOUTH RIGHT—OF—WAY LINE OF WEST 24TH STREET; THENCE S87'46' 1 6" E ALONG THE SOUTH RIGHT—OF— WAY LINE OF WEST 24TH STREET 386.70 FT. TO THE INTERSECTION OF THE SOUTH RIGHT—OF—WAY LINE OF WEST 24TH STREET AND THE WEST RIGHT—OF— WAY LINE OF SPRING STREET; AND THE POINT OF BEGINNING, CONTAINING 3.3498 ACRES, MORE OR LESS. iced 200E BE :90:06 LE d@S jij 1V�d\AVM\00HE City of UtHe Rock _ _ _ Civil Engineering Division f. Department of 701 West Markham Public Works Little Rock, Arkansas 72201-1300 �� 371-4811 Fax 371-4460 CA.-Vo CIVIL ENGINEERING RESPONSE THE CIVIL ENGINEERING REQUIREMENTS FOR FILING OF FINAL PLATS HAVE BEEN SATISFIED. APPROVAL FOR FILING OF THIS PLAT CAN BE ISSUED ek 614 n W-f,-i4 y P44 Z,-*- Ap0 A o SIGNED BY ENGINEER SIGNED BY SURVEYOR C;�) SIGNED BY 911 ADDRESS COORDINATOR DXF. DISKETTE PLAT Nec,� OK DXF DISKETTE STORM DRAIN REMARKS n City of Little Rock Planning and Development Filing Fees Date: 9S .20 Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea. Public Hearing Signs Number at ea. Total File No. 'S— l Location T �A Applic t Lf- By